Preview
2/8/2021 3:41:31 PM
Marilyn Burgess - District Clerk
Harris Count,
Envelope No: 50458143
2021-07903 / Court: 270 By: BURTON, DANCHELLE
Filed: 2/8/2021 3:41:31 PM
CAUSE NUMBER
SUSANA RODRIGUEZ § IN THE DISTRICT COURT
BRENDA J. JACKSON and
VICKIE MATSON
Plaintiffs, SUDICIAL DISTRICT
VS.
§
SOUTHMEADOW PROPERTY
OWNERS ASSOCIATION
Defendant OF HARRIS COUNTY, TEXAS
AFFIDAVIT IN SUPPORT OF PLEADING
TO THE HONORABLE JUDGE OF SAID COURT:
STATE OF TEXAS §
COUNTY OF HARRIS §
My name is Brenda J. Jackson. My husband and I are members of the Southmeadow
Property Owners Association (“SPOA”) and owners of the property at 7706 Southmeadow
Drive, Houston, TX 77071. We have resided here in the Southmeadow subdivision since
October 1989,
T became concerned about the failure of the Board of Directors (“Board”) of the SPOA to
call and conduct the 2020 Annual Meeting of the Members for the purpose of electing Board
members for the positions that expired in April 2020.
Due to the COVID-19 pandemic and the restriction on in-person gathering, the Board
suspended holding regular monthly Board meetings for the months of March 2020 through July
2020. A posting on the Association’s website (southmeadowpoa.org) states “Due to COVID-19,
the dunual Meeting of Members that was tentatively scheduled for Tuesday, April 7, 2020 has
been postponed until further notice.”
The Board meetings, which are held the first Tuesday of the month, resumed in August
2020 via Zoom and continued for the months of September 2020, October 2020, and November
2020 using the Zoom platform.
During these meetings, property owners/members in attendance inquired at each meeting
about the status of the 2020 Annual Meeting and election. Board President Terone Creeks would
reply that no meeting is being held because of COV{D-19 and he could not say when the meetin a
S
would be held. Property owners/members would respond that other homeowners’ associations
have managed to conduct their annual meeting elections by use of electronic balloting and they
could not understand why the Board members could not do the same. The Board would offer no
further explanation.
The Board did not hold a meeting in December 2020 and did not provide a reason nor did
the Board announce when the next regular meeting would be held. Given a lack of information
and no communication from the Board, some property owners/members had no expectation that
the Board would conduct the 2020 Annual Meeting and election of board rembers.
In accordance with Texas Property Code, Section 209.614(b), |, Brenda J, Jackson made
awritten demand of the 2020 Annual Meeting. My written notice made a demand
mecting of the Association members be called not later than the 30th day after the date
of my demand notice. | also stated that if the Board failed to call the meeting, an
Election Committee comprised of property owners would call the meeting.
‘The dernand notice was dated and sent on December 17,fy ot2 026 by certified mail, retern
receipt requested, to the registered agent of SPOA, Marshall Management Group, Inc., and a
copy of the demand notice was sent via regular USPS mail to the address of each property
Own member of the Association, The demand notice was received and signed by
Marshall Management Group, Inc. on December 21, 2020.
Based on my understanding of the Section 209.014, the Board should have called a
meeting by Jamuary 18,2021,
Following the receipt of the demand notice, the Board had a meeting on January 5, 2021.
‘The 2020 Annual Meeting was the only item on the agenda. Ai this meeting, the Board
announced that the 2020 Annual Meeting would be held on February 2, 2021. Upon questions
from property owners/members about the procedures for the election, the Board and the
management company admitted they had not worked out the details.
No further communication or details were given about the 2020 Annual Meeting and
election until approximately two (2) weeks later when the management company posted an
announcement on the website that the date of the 2026 Annual Meeting was changed to Febraary
15, 2021. No explanation for the date change was provided.
‘The announcement also stated that the change is an update to a meeting that the Board
had on January 15, 2021. This January 15, 2021 meeting was not announced nor open to the
Association property owners/memibers.
Further, the announcement stated “Pursuant to the bylaws, the proxy is available within
ihe management company's office. Ay a courtesy, the notice, proxy and absentee ballot will also
be mailed to cach owner.”
As the announcement states, the Board considers it a “courtesy” to send the notice, proxy,
and absentee ballot to property owners. The Board either disr g ards the law or does not
understand and recognize their duty and legal requirement to provide a meeting notice, ballot,
and proxy, rather than expect people to travel to pick these items up.
On behalf of the Association, the management company sent via reguiar USPS mail,
postmarked January 22, 2021, the following documents: (a) Notice of the 2020 Annual Meeting
to be held on February 15, 2021, (b) instructions to join the virtual election, (c} Absentee Ballot,
(d) Proxy, and (©) Meet the 2026 Board of Director Candidates profiles,
‘The information and instructions are confusing to many property owners:
a. Offered the opportunity to cast a vote at an in-person meeting when a virtual
meeting only has been announced.
Not clarifying what an in-person meeting is and implying that an in-person
gathering will be allowed even though prohibited due to COVID-19. Many of our
property owners are elderly and do not use Zoom or similar electronic platforms
to participate in meetings.
If there was a place to attend this meeting, no location information was provided.
Not providing any information what online voting system or electronic ballot will
be used and how to access the ballot and use the system properly.
‘The proxy form and the Absentee Ballot are designed such that the voter is unsure
as to which form is appropriate. The names of the candidates are written on both
forms and the proxy instructs the voter to cast a vote by stating “PLEASE VOTE
FOR NO MORE THAN TWO (2) CANDIDATES.”, which is the identical
language on the Absentee Ballot. One property owner assigned her proxy to me
but she also checked the boxes for the candidates. By selecting candidates on the
proxy form, is the proxy still valid or does the proxy holder have to cast the vote
as indicated on the proxy form? If the voter selects the candidates on the proxy
form, what is the purpose of the Absentee Ballot?
Another major concern is the protection and safeguarding of Absentee Ballots and the
Proxy forms:
a. For the first time, the Board designated the clubhouse as one of the drop off
locations for ballots and proxies by way of placing their forms in the door slot.
The Board officially closed the clubhouse in March 2020 due to COVID-19 and
has not reopened the facility. There is no protection or security for any ballots
that may be placed in the door slot as direcied by the notice.
The clubhouse is unavailable to property owners but accessible at any time to the
Board members, including one of the candidates as well as the security patrol
officer, who is a Board member and who has handpicked Board members in the
past. The security patrol officer regularly parks his car at the clubhouse and will
be in a position to observe who is dropping off'a ballot or proxy. He can then
enter the clubhouse and review the form and determine if he wants to turn it in to
the management company or not. If the voter who placed the form in the slot
does not attend the meeting, that voter will not know if bis ballot or proxy was
counted, This lack of security and oversight presents an opportunity for
election/proxy rigging and fraud.
Also, many of the homeowners/members of our community do not speak English
as their primary language. Spanish is the primary language spoken in their home
None of the documents provided to these members are in a language that these
members will completely understand, and their right to make a fully informed
decision is diminished (if not climinated) by the fact that the information is not
provided in Spanish, their primary language. T hough promises have been made
by the board to accommodate Spanish, it has never happened.
am asking the Court to issue a Temporary Restraining Order and injunction as the harm
to myself'and the community for the current scheduled election is irreparable and immediate, It
directly affects ny real property and its value. The members of this community and I require the
immediate attention and intervention of the Court to prevent this irreparable harm.
i believe that the current election set by the board for February 15, 2021 will greatly
prejudice the voting rights of the members of this community, and no harm or prejudice will
come to the SPOA by election being postponed until the first Tuesday in April 2621 when
the routine annual meeting and elections are normally scheduled.
I have witnessed all of these events myself.
Further Affiant sayeth not.
Qua Qu
Brenda J. Jackson
7706 Southmeadow Drive
Houston, TX 77071
743.320.3576
SWORN TO AND SUBSCRIBED BEFORE ME BY, on the 4" day of February 2021, to
certify which witness my hand and seal of office. ® 19 Peg
Sencar
Sy3 Pp
vas.
a
ees ny ee
fh/Not es
OS
Noe
hey
JAMES IMRE
Notary Public, Sta FULOP
Comm, Expires 7 18 Of Texas
2-07-2024
eee Notery ip
1069g857
Preview
2/8/2021 3:41:31 PM Marilyn Burgess - District Clerk Harris Count, Envelope No: 50458143 2021-07903 / Court: 270 By: BURTON, DANCHELLE Filed: 2/8/2021 3:41:31 PM CAUSE NUMBER SUSANA RODRIGUEZ § IN THE DISTRICT COURT BRENDA J. JACKSON and VICKIE MATSON Plaintiffs, SUDICIAL DISTRICT VS. § SOUTHMEADOW PROPERTY OWNERS ASSOCIATION Defendant OF HARRIS COUNTY, TEXAS AFFIDAVIT IN SUPPORT OF PLEADING TO THE HONORABLE JUDGE OF SAID COURT: STATE OF TEXAS § COUNTY OF HARRIS § My name is Brenda J. Jackson. My husband and I are members of the Southmeadow Property Owners Association (“SPOA”) and owners of the property at 7706 Southmeadow Drive, Houston, TX 77071. We have resided here in the Southmeadow subdivision since October 1989, T became concerned about the failure of the Board of Directors (“Board”) of the SPOA to call and conduct the 2020 Annual Meeting of the Members for the purpose of electing Board members for the positions that expired in April 2020. Due to the COVID-19 pandemic and the restriction on in-person gathering, the Board suspended holding regular monthly Board meetings for the months of March 2020 through July 2020. A posting on the Association’s website (southmeadowpoa.org) states “Due to COVID-19, the dunual Meeting of Members that was tentatively scheduled for Tuesday, April 7, 2020 has been postponed until further notice.” The Board meetings, which are held the first Tuesday of the month, resumed in August 2020 via Zoom and continued for the months of September 2020, October 2020, and November 2020 using the Zoom platform. During these meetings, property owners/members in attendance inquired at each meeting about the status of the 2020 Annual Meeting and election. Board President Terone Creeks would reply that no meeting is being held because of COV{D-19 and he could not say when the meetin a S would be held. Property owners/members would respond that other homeowners’ associations have managed to conduct their annual meeting elections by use of electronic balloting and they could not understand why the Board members could not do the same. The Board would offer no further explanation. The Board did not hold a meeting in December 2020 and did not provide a reason nor did the Board announce when the next regular meeting would be held. Given a lack of information and no communication from the Board, some property owners/members had no expectation that the Board would conduct the 2020 Annual Meeting and election of board rembers. In accordance with Texas Property Code, Section 209.614(b), |, Brenda J, Jackson made awritten demand of the 2020 Annual Meeting. My written notice made a demand mecting of the Association members be called not later than the 30th day after the date of my demand notice. | also stated that if the Board failed to call the meeting, an Election Committee comprised of property owners would call the meeting. ‘The dernand notice was dated and sent on December 17,fy ot2 026 by certified mail, retern receipt requested, to the registered agent of SPOA, Marshall Management Group, Inc., and a copy of the demand notice was sent via regular USPS mail to the address of each property Own member of the Association, The demand notice was received and signed by Marshall Management Group, Inc. on December 21, 2020. Based on my understanding of the Section 209.014, the Board should have called a meeting by Jamuary 18,2021, Following the receipt of the demand notice, the Board had a meeting on January 5, 2021. ‘The 2020 Annual Meeting was the only item on the agenda. Ai this meeting, the Board announced that the 2020 Annual Meeting would be held on February 2, 2021. Upon questions from property owners/members about the procedures for the election, the Board and the management company admitted they had not worked out the details. No further communication or details were given about the 2020 Annual Meeting and election until approximately two (2) weeks later when the management company posted an announcement on the website that the date of the 2026 Annual Meeting was changed to Febraary 15, 2021. No explanation for the date change was provided. ‘The announcement also stated that the change is an update to a meeting that the Board had on January 15, 2021. This January 15, 2021 meeting was not announced nor open to the Association property owners/memibers. Further, the announcement stated “Pursuant to the bylaws, the proxy is available within ihe management company's office. Ay a courtesy, the notice, proxy and absentee ballot will also be mailed to cach owner.” As the announcement states, the Board considers it a “courtesy” to send the notice, proxy, and absentee ballot to property owners. The Board either disr g ards the law or does not understand and recognize their duty and legal requirement to provide a meeting notice, ballot, and proxy, rather than expect people to travel to pick these items up. On behalf of the Association, the management company sent via reguiar USPS mail, postmarked January 22, 2021, the following documents: (a) Notice of the 2020 Annual Meeting to be held on February 15, 2021, (b) instructions to join the virtual election, (c} Absentee Ballot, (d) Proxy, and (©) Meet the 2026 Board of Director Candidates profiles, ‘The information and instructions are confusing to many property owners: a. Offered the opportunity to cast a vote at an in-person meeting when a virtual meeting only has been announced. Not clarifying what an in-person meeting is and implying that an in-person gathering will be allowed even though prohibited due to COVID-19. Many of our property owners are elderly and do not use Zoom or similar electronic platforms to participate in meetings. If there was a place to attend this meeting, no location information was provided. Not providing any information what online voting system or electronic ballot will be used and how to access the ballot and use the system properly. ‘The proxy form and the Absentee Ballot are designed such that the voter is unsure as to which form is appropriate. The names of the candidates are written on both forms and the proxy instructs the voter to cast a vote by stating “PLEASE VOTE FOR NO MORE THAN TWO (2) CANDIDATES.”, which is the identical language on the Absentee Ballot. One property owner assigned her proxy to me but she also checked the boxes for the candidates. By selecting candidates on the proxy form, is the proxy still valid or does the proxy holder have to cast the vote as indicated on the proxy form? If the voter selects the candidates on the proxy form, what is the purpose of the Absentee Ballot? Another major concern is the protection and safeguarding of Absentee Ballots and the Proxy forms: a. For the first time, the Board designated the clubhouse as one of the drop off locations for ballots and proxies by way of placing their forms in the door slot. The Board officially closed the clubhouse in March 2020 due to COVID-19 and has not reopened the facility. There is no protection or security for any ballots that may be placed in the door slot as direcied by the notice. The clubhouse is unavailable to property owners but accessible at any time to the Board members, including one of the candidates as well as the security patrol officer, who is a Board member and who has handpicked Board members in the past. The security patrol officer regularly parks his car at the clubhouse and will be in a position to observe who is dropping off'a ballot or proxy. He can then enter the clubhouse and review the form and determine if he wants to turn it in to the management company or not. If the voter who placed the form in the slot does not attend the meeting, that voter will not know if bis ballot or proxy was counted, This lack of security and oversight presents an opportunity for election/proxy rigging and fraud. Also, many of the homeowners/members of our community do not speak English as their primary language. Spanish is the primary language spoken in their home None of the documents provided to these members are in a language that these members will completely understand, and their right to make a fully informed decision is diminished (if not climinated) by the fact that the information is not provided in Spanish, their primary language. T hough promises have been made by the board to accommodate Spanish, it has never happened. am asking the Court to issue a Temporary Restraining Order and injunction as the harm to myself'and the community for the current scheduled election is irreparable and immediate, It directly affects ny real property and its value. The members of this community and I require the immediate attention and intervention of the Court to prevent this irreparable harm. i believe that the current election set by the board for February 15, 2021 will greatly prejudice the voting rights of the members of this community, and no harm or prejudice will come to the SPOA by election being postponed until the first Tuesday in April 2621 when the routine annual meeting and elections are normally scheduled. I have witnessed all of these events myself. Further Affiant sayeth not. Qua Qu Brenda J. Jackson 7706 Southmeadow Drive Houston, TX 77071 743.320.3576 SWORN TO AND SUBSCRIBED BEFORE ME BY, on the 4" day of February 2021, to certify which witness my hand and seal of office. ® 19 Peg Sencar Sy3 Pp vas. a ees ny ee fh/Not es OS Noe hey JAMES IMRE Notary Public, Sta FULOP Comm, Expires 7 18 Of Texas 2-07-2024 eee Notery ip 1069g857